If you’re in a car accident in California, state law requires you to file reports with the police and the DMV—but you’ll be able to claim damages through your insurance or a personal injury lawsuit in accordance with your level of fault.

A car accident is a jarring experience. When you’re standing on the shoulder of I-5 staring at the wreck of your beloved old Camry, filing an accident report might not be the first thing on your mind. That’s why it’s important to know your state’s car accident laws before disaster hits.

Here to walk you through California car accident laws is

Jerry,

the

car insurance

comparison shopping app . We’ll go over accident reporting, financial responsibility, personal injury lawsuits, and comparative fault to make sure that you’re prepared for every outcome of a car accident in the Golden State. We'll also cover how an accident might affect your

California insurance cost.

What to do after a crash: California car accident reporting laws

The first thing to do after any car accident

is to make sure that you and anyone else in your vehicle are safe. Move the vehicle to a safe location, check for injuries, and call 911 if anyone involved in the crash was hurt. It’s also important to document the crash in any way you can, especially with photographic evidence, and exchange insurance information with the other party.

But what happens next? If you’re in California, you may need to report the accident three separate times:

To the police

The DMV

Your insurance company

Let’s take a closer look at the sections of California car accident laws that deal with accident reports.

When to report an accident to the police

If you’re in an accident that results in any bodily injury or death, California law requires you to report it to the police within 24 hours.

Section 20008

of the California Vehicle Code lays out the specifics:

If the accident occurred on a public highway outside of a city, you must file a report with the California Highway Patrol

If the accident took place in a city, you can report it to the highway patrol or to the city’s police

If police showed up at the scene of the accident, you don’t need to file a report; the officers who responded will already have filed their own report.

When to report an accident to the DMV

In addition to filing a police report,

Section 16000

of the California Vehicle Code requires a report to the DMV within 10 days of any accident causing either:

Bodily injury

Death

Property damage to any one person in excess of $1,000

To report the accident, you’ll need to fill out

Form SR-1

and send it to the

Sacramento

DMV at P.O. Box 942884. The form asks for information about the accident, such as the date and time, whether or not it took place on private property, and information about injuries and property damage. You’ll also need to provide:

The name, address, and insurance information of both parties

Your driver’s license number

Your vehicle’s make, model, and VIN

MORE:

How long do you have to file a claim?

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Financial responsibility and coverage minimums: California’s insurance laws

Speaking of insurance—just what coverage does California law require, and what happens if you’re in an accident without it?

California requires all drivers to demonstrate financial responsibility for their vehicle, and the easiest way to meet that requirement is by purchasing car insurance. Under California law, all drivers must carry

a minimum of 15/30/5 liability coverage

, or:

$15,000 of

bodily injury liability

per person

$30,000 of

bodily injury liability

per accident

$5,000 of

property damage liability

per accident

Failure to carry those minimum coverages—or inability to provide proof of insurance during a traffic stop—can earn you fines and fees ranging from $360 for a first offense to $1,800 for subsequent infractions. It could also impact your ability to claim damages, either through insurance or a personal injury lawsuit.

However, not every driver in California carries car insurance. In fact, a 2019 study by the

Insurance Information Institute (III)

found that about 16.6% of California drivers don’t carry car insurance.

If you’re one of the 83.4% of drivers who are insured, you could have trouble claiming damages if you’re in an accident with an uninsured driver. That’s why it’s a good idea to purchase

uninsured/underinsured motorist coverage

, which California law requires all insurance providers to offer.

Claiming damages after an accident: California’s personal injury laws

Depending on the circumstances of an accident, you may want to go beyond an insurance claim and file a personal injury lawsuit to collect damages. Under

Section 1431.2

of California’s Civil Code, you have the right to claim both economic and non-economic damages associated with a car accident. Those include:

Economic damages: medical bills, lost wages, lost employment or business opportunities, loss of use of property, burial expenses

Non-economic damages: pain and suffering, mental suffering, inconvenience, humiliation

The California Civil Code sets a statute of limitation on personal injury lawsuits stemming from accidents—but the exact time frame depends on the nature of the damages you’re claiming.

For property damage claims, you have three years to file a legal claim (

CCP § 338

)

For bodily injury claims, you have two years to file a suit (

CCP § 335.1

)

For accidents caused by government negligence, you have just six months to file a lawsuit (

GOV § 991.2

)

Exceptions to California’s personal injury laws

There are a few cases where you may not be able to claim damages from a car accident—and a few other cases where the statute of limitations could be extended to allow a longer window for claims.

California law prohibits anyone without car insurance or proof of financial responsibility to claim non-economic damages from an accident. In addition,

anyone with a DUI

is banned from non-economic claims.

However, for other claimants, the statute of limitations may be extended past the usual deadline in the following cases:

If there was a delay in discovering injuries resulting from a car accident

If the defendant can’t be found or is in prison

If the victim was a minor or disabled

MORE:

Can I use health insurance to cover car accident injuries?

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Who’s to blame: California’s pure comparative negligence law

One of the biggest questions that follows any car accident is the question of fault. If Arnold hits Keisha’s car while speeding, but Keisha was texting while driving, who’s at fault for causing the accident—and who gets to collect damages?

Because California is a pure comparative negligence state, both Arnold and Keisha will likely be able to claim damages. That’s because pure comparative negligence allows anyone involved in a car accident to get compensation in proportion to their level of fault—unless they’re found to be 100% at fault for the accident.

In the example above, both Arnold and Keisha were breaking traffic laws, so neither driver was 100% at fault. If Arnold is found to be 35% at fault and Keisha is 65% at fault, Arnold will be responsible for just 35% of Keisha’s damages, while Keisha or her insurance company will be on the hook for 65% of Arnold’s medical bills or vehicle repairs.

California’s just one of 12 states that follow a pure comparative negligence rule, also known as pure comparative fault. That’s good news for drivers—but keep in mind that the rules may change if you’re involved in an accident across state borders.

MORE:

What happens if you’re deemed at fault in an accident without car insurance?

How to save money on car insurance in California

If you’re involved in a car accident in California,

your insurance premium could go up

by 35% to as much as 80%. Finding a lower rate might feel impossible—but with help from Jerry, the

licensed broker

and #1 rated insurance shopping app, you can find savings on the coverage you need in just 45 seconds.

That’s right—this is insurance shopping without endless forms, long wait times, or a lot of math. Just download the app, enter your information, and review quotes from some of the top providers in the nation. Once you’ve chosen the rate you want, Jerry’s team of experts will help you lock in your savings, and you won’t even have to get on the phone!

And those savings? On average, they add up to $887 for

Jerry

users who shop for insurance in the app. Savings like that are guaranteed to soften the blow of an accident.

“Amazing! I’ll admit, I’m young with 2 accidents. This spiked my insurance rates and every quote I found.
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